News & Analysis as of

Department of Health and Human Services (HHS) Coronavirus/COVID-19 Americans with Disabilities Act (ADA)

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published June 2025

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include: Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal...more

Lathrop GPM

COVID-19: Is the Pandemic Really Over for Employers?

Lathrop GPM on

On May 9, 2023, the United States Department of Health and Human Services issued a press release announcing that the federal Public Health Emergency for COVID-19 would expire on May 11, 2023. The Public Health Emergency has...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

ArentFox Schiff on

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

Foley & Lardner LLP

AI Regulation: Where do China, the EU, and the U.S. Stand Today?

Foley & Lardner LLP on

Artificial Intelligence (AI) systems are poised to drastically alter the way businesses and governments operate on a global scale, with significant changes already under way. This technology has manifested itself in multiple...more

Greenbaum, Rowe, Smith & Davis LLP

HHS Issues Guidance Regarding Civil Rights Protections Under Rehabilitation Act and Affordable Care Act for Persons with...

What You Should Know •The HHS Office of Civil Rights has issued new guidance to covered healthcare entities regarding civil rights protections for persons with disabilities. •The guidance is based on protections under...more

Alston & Bird

CMS Issues Guidance After Supreme Court Greenlights CMS Health Care Facility Vaccine Mandate, Blocks OSHA Vaccine-or-Test Mandate

Alston & Bird on

In the wake of the Supreme Court’s mixed ruling on federal vaccination mandates, the Centers for Medicare & Medicaid Services has released three separate guidances for three groups of states. Our Labor & Employment and Health...more

Rumberger | Kirk

Long Haul COVID-19 and the ADA: What Employers Should Know

Rumberger | Kirk on

As we prepare to enter into year three of the COVID-19 pandemic, we thankfully have made important advances with vaccines and boosters to curb the threat of severe illness and death from COVID-19. For most, the effects of a...more

Harris Beach Murtha PLLC

In It For The Long Haul: Employer Obligations To Employees With Long COVID Symptoms

Some people continue experiencing COVID-19 symptoms for weeks or months after first developing COVID-19. The Centers for Disease Control and Prevention have defined “long COVID” as “new or ongoing symptoms that can last weeks...more

Harris Beach Murtha PLLC

Handling COVID-19 Vaccination Mandates: Federal Agencies Continue to Issue Guidance

Harris Beach Murtha PLLC on

In response to COVID-19 vaccination mandates and employer-mandated vaccination policies, federal agencies continue to issue guidance. The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Health and Human...more

Mintz - Employment Viewpoints

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

McAfee & Taft

COVID vaccines: When is an employee’s vaccination status HIPAA-protected?

McAfee & Taft on

Whether an employee’s vaccination status is protected by HIPAA has been (or should be) on the minds of all human resources personnel as of late. This is especially true in the wake of the U.S. Department of Labor’s...more

Foley Hoag LLP

HHS OCR Issues Guidance on HIPAA, COVID-19 Vaccinations, and the Workplace

Foley Hoag LLP on

On September 30, 2021, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR)issued guidance to help the public understand when the Health Insurance Portability and Accountability Act of 1996...more

Foley & Lardner LLP

Long COVID: The Long (and Short) of Compliance with the ADA

Foley & Lardner LLP on

As employers continue to navigate through the challenges of the COVID-19 pandemic, government agencies, such as the U.S. Equal Employment Opportunity Commission (EEOC) have been instrumental in issuing guidance that allows...more

McNees Wallace & Nurick LLC

Long COVID may be a disability, Biden Says

The Biden Administration announced earlier this summer that Long COVID may qualify as a disability under the Americans with Disabilities Act (“ADA”), the Rehabilitation Act and several other federal statutes offering...more

Hinshaw & Culbertson - Employment Law...

Guidance on Intersection Between ADA Workplace Accommodation and COVID Long-Haulers

Employees and employers now find themselves well into year two of a global pandemic. Unfortunately, some people who contract COVID-19 do not fully recover. Known as "COVID long-haulers," these individuals suffer from a range...more

Seyfarth Shaw LLP

Section 1557 Protects Those Living with "Long COVID"

Seyfarth Shaw LLP on

Late last month, the Department of Health and Human Services (“HHS”) and the Department of Justice (“DOJ”) jointly published “Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557.” In short,...more

Maynard Nexsen

The Epic Week of July 26, 2021: a COVID-19 Vaccination Consensus, the ADA, the CDC, and a Mandate

Maynard Nexsen on

The week of July 26, 2021 heralded multiple developments relating to COVID-19 that would be significant if measured independently, but escalate to a monumental impact because of their synchronicity. Increased infections...more

Kelley Drye & Warren LLP

COVID CONSIDERATIONS: Long COVID Now a Disability

It seems that at every turn, COVID-19 is keeping employers from catching their breath. We’ve discussed on this blog how employers should navigate having employees work from home, reopening and remaining compliant with the law...more

Husch Blackwell LLP

Long COVID As A Disability Under Federal Anti-Discrimination Laws

Husch Blackwell LLP on

On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled...more

Jackson Lewis P.C.

DHHS And DOJ Issue Guidance On “Long COVID” As A Disability

Jackson Lewis P.C. on

On July 26, 2021, the U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that “long COVID” can be a disability under Titles II and III of the Americans with...more

Steptoe & Johnson PLLC

Can Colleges Mandate Vaccines? Yes, But Beware.

Steptoe & Johnson PLLC on

As institutions of higher education (“IHEs”) approach their summer and fall terms, the question on every administrator’s mind is: Can our institution legally implement a mandatory COVID-19 vaccine policy for students and/or...more

Ward and Smith, P.A.

The Carrot, Not the Stick: May Employers Legally Offer Employees Incentives To Get Vaccinated?

Ward and Smith, P.A. on

Last month, the Department of Health and Human Services – Centers for Disease Control and Prevention ("CDC") updated its COVID-19 guidance for fully vaccinated individuals.  The updated guidance provided that fully...more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Arnall Golden Gregory LLP

The COVID-19 Vaccine and Healthcare Employers: To Mandate or Not to Mandate?

With COVID-19 vaccines now being distributed to healthcare facilities, including hospitals, long-term care, and other healthcare providers, employers in these industries are faced with an immediate decision: whether to...more

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